Boxer Tactical Daily Digest: The Current Watchlist Law, The Impulse to Censor and the Problem with Due Process

Suspected Terrorists and Guns – “In February 2004, the Department of Justice began checking prospective gun buyers against what the FBI calls the Known or Suspected Terrorist File — which includes the Terrorist Screening Database, commonly referred to as the FBI’s terrorist watch list, as explained in a May 2013 report by the nonpartisan Congressional Research Service. A match in the terrorist database triggers an automatic 72-hour delay, even if there are no other so-called “prohibiting factors.” So the FBI had 72 hours to look at each of these sales. Under existing law. Oh, and Mateen wasn’t on their list any more. But we need more legislation. Apparently.

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Guns, Democrats and Terror – “The larger point of New York’s record here is that it’s not enough to have smart and effective policies if the goal is to bring down gun violence and stop terrorists. The other critical factor is a leader like Mr. Bloomberg, willing to buck political correctness and back his law enforcement team. Worth thinking about in light of a Democratic attorney general who tried to censor pledges of fealty by an Islamist mass murderer and a Democratic presidential nominee who claims she would be tough on guns and terror.”

Tailgunner Joe walking it back (a little): Manchin Insists He Wants ‘To Protect’ Due Process – “Manchin, who split his votes between Republican and Democrat gun amendments to the Commerce, Justice, and Science bill Monday — which all failed to pass — told The Daily Caller his remarks on MSNBC last Thursday relating to due process were taken out of context. ‘The problem we have, and really the firewall we have right now is due process. It’s all due process,’ Manchin said on MSNBC’s ‘Morning Joe.’ ‘So we can all say we want the same thing, but how do we get there?’”

Vox writer calls for Obama to ‘unilaterally ban all Americans from purchasing guns’ – “Vox Media writer Dylan Matthews drew social media ire on Thursday when he called for President Obama to ‘unilaterally’ deny Americans their constitutionally protected rights. ‘This is not Dems‘ sales pitch but I’m totally down with letting the prez unilaterally ban people (hopefully everyone!) from buying guns,’ Mr. Matthews tweeted.” Somehow we doubt Matthews would be totally down with the next prez, whoever it is, unilaterally banning his access to the First Amendment..

Well, I am still not a Facebook subscriber, but even if I was, “Residents of California, the District of Columbia, and Massachusetts are excluded from and are not eligible for participation in this Sweepstakes.”

With a few hundred million firearms in circulation and likely a billion or two rounds of ammunition, if we gun owners were really that big of a problem, there wouldn’t be any anti-freedom people left.
But we aren’t, so fish face can continue to spout off and wish my rights away.

I love that the only way to enter the contest to win the S&W is to further promote Facebook. The company that hates us gun owners. Good job S&W and TTAG for promoting the left wing gun owner hating folks at Facebook.

Thank you Dan Zimmerman for finally covering the fact that any suspected terrorist on a secret watch list triggers a notification to the FBI upon hitting the NICS system and that the FBI will delay the transaction and investigate. FBI Director Comey testified to the Senate Judiciary Panel this same thing in December 2015 and i have a link to a video of it if anyone’s interested.

We need to realize that 99% of the folks in Congress don’t care about our rights as citizens despite taking an oath to uphold them. In the next couple of days a new “no fly, no buy” piece of legislation that’s a supposed bipartisan compromise will be sponsored by Senators Collins and Ayotte. It’s tentatively called the Terrorist Firearms Prevention Act of 2016. It still screws over people’s 2nd amendment rights, has a high bar set for “due process” which in this case is guilty until you hire an expensive enough lawyer to fight the federal government, and sets an awful precedent for using secret government lists to deny rights. Oh, and it isn’t likely to solve any actual problems.

Alternatively, perhaps the FBI did investigate and find no reason to believe that these individuals were a direct threat and purposefully allowed this tiny amount of transactions (it’s less than 0.0002% of all NICS background checks in this period) to go through.

But you or I will never know for sure about this because it’s all based upon secret government programs that have no oversight or judicial review. Heck, even the vast majority of Congress will never know the exact details of how these investigations did or did not occur because they don’t have the Top Secret clearance required to review non-redacted reports and case files relating to these terrorism watch list programs.

I was thinking about this in the shower the this morning, and it suddenly hit me: If the FBI can ALREADY deny purchases through the NICS system, WHAT THE HELL DID THE DEMS WANT WITH THEIR NO FLY NO BUY BILL? Did they seek to rescind the FBI’s discretion and make “no buy” mandatory without remedy simply because someone appears on a list? I am forced to conclude that this is exactly what they wanted. “Mr. and Mrs. America, turn in your guns.”

Well Mark you probably hit the nail on the head here. Don’t let anyone fool you into believing that the Feinstein bill was limited to just the No-Fly list, or even the Selective Screening list. Senator Queen Bitch from CA spend 20 minutes spewing forth bullshit on Monday prior to the Senate votes on the 4 amendments and she made it clear that her proposal would cover the no-fly list, the selective screening database, the broad terror watch list, and anyone who had been investigated by the FBI for any reason in the prior 5 years (which oddly enough covers the presumptive Dem presidential candidate). All of these are secret lists with no Congressional or Judicial oversight. There’s no way for a member of the public to know if they are on one of these lists and there’s no method to remove yourself from them. Hell, it took Ted Kennedy 3 weeks with all of his clout and power to get off one.

If you think back a bit you’ll also probably remember that the Obama administration had been attempting to add many 2nd amendment groups, gun rights advocates, and militias to the terror screening lists. Maybe that’s the target now with the Obama administration and it certainly would be if there was another Clinton administration. But if this bullshit goes through now under the guise of gun control, who’s to say a Trump administration wouldn’t use the legal precedent it provides to deny some other group a completely different right. And the way that politics is going lately it’s not too far a stretch to think that some day in the future our messed up country could even come up with some politicians that are even worse than Clinton and Trump in the future. Due process is critical no matter who is in power.

Unilaterally circumvent the process of law and declare all firearms purchases illegal…
Surely a writer for Vox could not be so stupid to not think that through. This must be his facetious way of hoping the president spends the rest of his days locked in the White House bunker while hoping that no-one in the Secret Service would betray him to save the Republic.

A 5th ‘ compromise ‘ bill is in waiting ……. still no real DUE PROCESS ….. NRA needs a kick-in-the-ass and a refresher on The Constitution. By RUSHING to give gun owner Rights away , on not just BAD , but Totally Terrible No-Fly bills, they have lost many members. —– The N.R.A. , Left ME !! Call Chris Cox and VENT _ 703-267-1141

“We’ve got to make this clear, constant case that Republicans have decided to sell weapons to ISIS,” Murphy said, using an alternative term for the Islamic State militant group. “That’s what they’ve decided to do. ISIS has decided that the assault weapon is the new airplane, and Republicans, in refusing to close the terror gap, refusing to pass bans on assault weapons, are allowing these weapons to get in the hands of potential lone-wolf attackers. We’ve got to make this connection and make it in very stark terms.”

A U.S. businesswoman and paid CIA and FBI informant in Libya who said she was a good friend of Ambassador Christopher Stevens’ told TheBlaze the Obama administration knew that weapons and aid were ending up in the hands of Al Qaeda-affiliated militants in the country before the deadly Benghazi attacks.

“We’ve got to make this clear, constant case that Republicans have decided to sell weapons to ISIS,” Murphy said, using an alternative term for the Islamic State militant group. “That’s what they’ve decided to do. ISIS has decided that the assault weapon is the new airplane, and Republicans, in refusing to close the terror gap, refusing to pass bans on assault weapons, are allowing these weapons to get in the hands of potential lone-wolf attackers. We’ve got to make this connection and make it in very stark terms.”

A U.S. businesswoman and paid CIA and FBI informant in Libya who said she was a good friend of Ambassador Christopher Stevens’ told TheBlaze the Obama administration knew that weapons and aid were ending up in the hands of Al Qaeda-affiliated militants in the country before the deadly Benghazi attacks.

We’ve all said some bonehead things in our lives. We’ve all had ideas that were better left unexpressed.

This little gem out of young mister Dylan Mathews, though, wow. Just wow.

Talk about your pure, range-of-the-moment ideologues. That’s just not somebody I would trust so much as to toast a slice of bread without hurting himself. How his puny, unripened judgment guides him through adult life without immediate and massive injury is indeed a mystery.